HomeMy WebLinkAbout1991-06-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 13, 1991
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson
III. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Mayor Walter H. Snyder
Also Present:
Councilman S. Roy Wilson
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Richard J. Folkers, ACM/Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Paul Gibson, Director of Finance/Treasurer
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 23, 1991.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0505,
0508, and 0511.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1991
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C. RESOLUTION NO. 91-6Q - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
AUTHORIZING THE DESTRUCTION OF FILES FOR FINAL/COMPLETED
CONSTRUCTION PRIOR TO FEBRUARY 1,1990, FROM THE DEPARTMENT OF
BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
D. RESOLUTION NO. 91-61 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
AUTHORIZING THE DESTRUCTION OF FILES FOR FINAL/COMPLETED
CONSTRUCTION PRIOR TO MARCH 1, 1990, FROM THE DEPARTMENT OF
BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
E. RESOLUTION NO. 91-62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
AUTHORIZING THE DESTRUCTION OF FILES FOR FINAL/COMPLETED
CONSTRUCTION PRIOR TO APRIL 1, 1990, FROM THE DEPARTMENT OF
BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
F. RESOLUTION NO. 91-63 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
AUTHORIZING THE DESTRUCTION OF FILES FOR FINAL/COMPLETED
CONSTRUCTION PRIOR TO MAY 1, 1990, FROM THE DEPARTMENT OF
BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED.
Rec: Waive further reading and adopt.
G. REOUEST FOR APPROVAL of Agreement No. 00-549 Between the City of Palm
Desert and the Coachella Valley Water District.
Rec: By Minute Motion, ratify the approval of the Planning Commission and approve
Agreement No. 00-549 for undergrounding of certain overhead utilities for
Water Tank Project Valley Zone Reservoir in the Cahuilla Hills area.
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H. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Contract No.
00-550 for the Monterey Avenue Widening for Bike Path from Magnesia Falls Drive to
Gran Via.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
the subject contract.
I. REOUEST FOR AUTHORIZATION to Readvertise and Ca11 for Bids for a Five -Gang
Riding Reel Mower for the Civic Center Park.
Rec: By Minute Motion, reject all bids and authorize the City Clerk to readvertise
and call for bids for the subject mower.
J-1. CONSIDERATION OF ANNEXATION AND ANNUAL ASSESSMENT for
Landscaping and Lighting District No. 6, Hovley Lane.
Rec: By Minute Motion: 1) Approve the Engineer's Report for the subject
assessment district; 2) waive further reading and adopt Resolution No. 91-�4,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting a public hearing for same.
J-2. CONSIDERATION OF ANNUAL ASSESSMENT for Landscape and Lighting District
No. 5, Country Club Medians.
Rec: By Minute Motion: 1) Approve the Engineer's Report for subject assessment
district as filed; 2) waive further reading and adopt Resolution No. 91--5,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting the public hearing for same.
J-3. CONSIDERATION OF ANNUAL ASSESSMENT for Landscape and Lighting District
No. 2, Tract No. 11636, Canyon Cove.
Rec: By Minute Motion: 1) Approve the Engineer's Report for subject assessment
district as filed; 2) waive further reading and adopt Resolution No. 91-§¢,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting the public hearing for same.
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J-4. CONSIDERATION OF ANNUAL ASSESSMENT for Landscape and Lighting District
No. 4, Parkview Estates.
Rec: By Minute Motion: 1) Approve the Engineer's Report for subject assessment
district as filed; 2) waive further reading and adopt Resolution No. 91-2,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting the public hearing for same.
J-5. CONSIDERATION OF ANNUAL ASSESSMENT for Landscape and Lighting District
No. 1980-1, Presidents' Plaza.
Rec: By Minute Motion: 1) Approve the Engineer's Report for subject assessment
district as filed; 2) waive further reading and adopt Resolution No. 91-0,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting the public hearing for same.
J-6. CONSIDERATION OF ANNUAL ASSESSMENT for Landscape and Lighting District
No. 81-3, The Vineyards.
Rec: By Minute Motion: 1) Approve the Engineer's Report for subject assessment
district as filed; 2) waive further reading and adopt Resolution No. 91--9,
declaring the intent to levy and collect assessments for the fiscal year 1991-92
and setting the public hearing for same.
K. REOUEST FOR APPROVAL of Purchase of Furniture for R.S.V.P. Volunteers.
Rec: By Minute Motion, approve the request and authorize the transfer of $220.00
from the Unobligated Fund Balance to Capital Office Equipment, Account No.
110-4159-4040.
L. REOUEST FOR ACCEPTANCE OF WORK for Contract No. 00-439, South Side
Hovley Lane East Street Construction.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk
to file a Notice of Completion for said contract.
M. REOUEST FOR APPROVAL of Application for Traffic Systems Management (TSM)
Project Funding.
Rec: By Minute Motion, concur with submitting street projects for funding to the
State Department of Transportation.
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N. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No.
00-551, Fred Waring Drive Widening from Portola Avenue to Deep Canyon Road, Phase
I.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
the subject contract.
O. REOUFST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No.
00-552 for Landscaping Maintenance of Landscape and Lighting Assessment District No.
6.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
the subject contract.
P. REOUEST FOR APPROVAL of Extension to Contract No. 00-315 for Landscape
Maintenance of Cook Street and Country Club Drive Medians.
Q.
Rec: By Minute Motion, authorize the Mayor to sign an extension to Agreement No.
00-315 with Sunshine Landscape in the amount of $2,790.50 per month for
maintenance of the subject medians.
REOUEST FOR APPROVAL of Extension to Contract No. 00-322 for Landscape
Maintenance of the Haystack Greenbelt and Lighting Assessment District No. 2.
Rec: By Minute Motion, authorize the Mayor to sign an extension to Agreement No.
00-392 with Sunshine Landscape in the amount of $2,705.30 per month for
landscape maintenance of the subject project.
R. PRESENTATION of Financial Statements and Audit Reports for FY 1989-90.
Rec: Receive and file.
S. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No.
00-553, Widening of Portola Avenue and Haystack Road.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
Contract No. 00-553.
T. REOUEST FOR AWARD OF BID for Purchase of a 200 AMP Portable Arc Welder.
Rec: By Minute Motion, award the bid to Vagabond Welding Supply in the amount
of $5,004.33.
5.
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U. CONSIDERATION of Sister City Employee Exchange.
Rec: By Minute Motion: 1) Receive and file Miriam Swarbrick's memo regarding
the Employee Exchange Program; 2) authorize staff to prepare a plan to
reciprocate the Employee Exchange by sending our Senior Planner to Gisborne,
New Zealand, in September/October, 1991.
V. LETTER OF RESONATION from Russell J. McCrea from the Architectural Review
Commission.
Rec: Receive with sincere regret.
W. LETTER FROM THE CITY OF INDIO Requesting the City of Palm Desert's
Opposition to the Closing of Twin Pines Ranch.
Rec: Refer to staff for report and recommendation.
X. REOUEST FOR APPROVAL of Injury Prevention Program.
Rec: Waive further reading and adopt Resolution No. 91-2Q, approving the program.
Y. REQUEST FOR APPROPRIATION for Engineering Services Budget for Public Works
Department.
Rec: By Minute Motion, authorize the appropriation of $40,000from the Unobligated
General Fund Reserve to Public Works Account No. 110-4300-3010.
Z. PETITION from Lori Carangelo and Jane Barnett Relative to the Abatement of
Neighborhood Noise Disturbance.
Rec: Refer to staff for report and recommendation.
Councilman Crites removed Items G, H, and S for separate discussion under the Consent
Items Held Over portion of the Agenda. Mayor Snyder also removed Item Z for separate
discussion.
Upon motion by Crites, second by Benson, the Consent Calendar, with the exception of Items
G, H, S, and Z, was approved as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
REGULAR PALM DESERT - ..TTY COUNCIL MEETING
JUNE 13, 1991
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VIII. ORDINANCES
for Introduction:
A. ORDINANCE NO. 647 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SUBSECTION (C) OF SECTION
9.24.030 AS IT RELATES TO NOISE CONTROL.
Mr. Altman stated there was a memo in the packets and that Mr. Allen would answer
any questions.
Councilmember Benson moved to waive further reading and pass Ordinance No. 647 to second
reading. Motion was seconded by Kelly and carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE NO. 643 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE
MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES
(HOVLEY LANE BETWEEN PORTOLA AVENUE AND CARLOTTA DRIVE).
Mr. Altman stated this ordinance had been previously introduced and that there were
no changes. He recommended its adoption.
Upon motion by Kelly, second by Crites, Ordinance No. 643 was adopted by unanimous vote
of the Council.
B. ORDINANCE NO. 644 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE
MUNICIPAL CODE RELATIVE TO REESTABLISHING SPEED ZONES
(MONTEREY AVENUE FROM HIGHWAY 111 TO COUNTRY CLUB DRIVE,
COUNTRY CLUB DRIVE FROM MONTEREY AVENUE TO OASIS CLUB DRIVE,
FRED WARING DRIVE FROM HIGHWAY 111 TO COOK STREET).
Mr. Altman stated there had been no changes since introduction of this ordinance, and
he recommended its adoption.
Upon motion by Kelly, second by Crites, Ordinance No. 644 was adopted by unanimous vote
of the Council.
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C. ORDINANCE NQ. 645 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REESTABLISHING A SPEED ZONE ON GARY
AVENUE FROM REBECCA ROAD TO CHRISTIAN STREET.
Mr. Altman stated there had been no changes since introduction of this ordinance, and
he recommended its adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 645 was adopted by unanimous vote
of the Council.
D. ORDINANCE NO. 646 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO REMOVE THE EXCLUSION
OF CROSSING GUARDS AND ADMINISTRATIVE INTERNS AS REQUIRED BY
NEW FEDERAL (IRS) REGULATIONS.
Mr. Altman stated there had been no changes since introduction of this
ordinance, and he recommended its adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 646 was adopted by unanimous vote
of the City Council.
IX. CONSENT ITEMS HELD OVER
G. REOUEST FOR APPROVAL of Agreement No. 00-549 Between the City of Palm
Desert and the Coachella Valley Water District.
This item was referred to the City Attorney's Office for review.
H. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Contract No.
00-550 for the Monterey Avenue Widening for Bike Path from Magnesia Falls Drive to
Gran Via.
Councilman Crites stated that Councilman Wilson had questioned whether staff had
applied for the equivalent grant for the next fiscal year.
Mr. Altman responded that he believed it was being processed and that he would look
into it.
Councilman Crites moved to, by Minute Motion, authorize the City Clerk to advertise and call
for bids for the subject contract. Councilman Kelly seconded the motion, and it carried by unanimous
vote of the City Council.
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S. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Contract No.
00-553, Widening of Portola Avenue and Haystack Road.
Upon question by Councilman Crites, Mr. Folkers responded that the intent was to go
out to bid and award the contract after the budget is approved. He added that staff
wanted to have the contract awarded in July or August.
Councilman Crites asked if staff could provide blueprints that would show the impact of
the widening on the open space that is on the north side of Haystack.
Mr. Folkers responded that there were already blueprints available that staff would show
to Council. He added the intent was to save as many of the smoke trees as possible.
Councilman Crites moved to, by Minute Motion, authorize the City Clerk to advertise and call
for bids for Contract No. 00-553. Councilman Kelly seconded the motion, and it carried by unanimous
vote of the City Council.
Z. PETITION from Lori Carangelo and Jane Barnett Relative to the Abatement of
Neighborhood Noise Disturbance.
MS. LORI CARANGELO, 72-670 Thrush #1, Palm Desert, stated she had previously
submitted petitions on behalf 34 of the homeowners relative to the loud church bells
from the Palm Desert Community Presbyterian Church. She said complaints had been
filed for approximately 20 years and were mostly ignored by church authorities. She
asked that this matter be continued to the meeting of June 27, 1991, and that Council
also review the noise ordinance.
She read a prepared statement (attached hereto and made a part hereof as Exhibit "A")
and added that one question that had not yet been answered was who the broadcasts
were being played for.
MS. JANE BARNETT, 72-680 Raven Rd. #2, Palm Desert, asked that the 9:00 a.m.
broadcast be moved to 10:00 a.m. and that the City officially ask the church to turn the
volume down.
MR. RON FRIEBORN, 72-670 Thrush, Palm Desert, stood in the audience and said
he had nothing further to add.
Mayor Snyder stated that this item would be referred to staff for a report and
recommendation, at which time the Council would take action.
Upon question by Councilman Crites, Mr. Allen responded that this would be placed
on the Agenda for the meeting of June 27th. Crites said that since he would not be
present at that meeting, he wished to comment at this time. He said he had listened
to the chimes for the first four years he had lived in Palm Desert at Indian Creek Villas
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and felt the bells were a very rich and invaluable part of local tradition.
perhaps there was a way to find common ground.
Mayor Snyder agreed with Crites and said he was sure something could
to the satisfaction of most of the people involved.
Upon motion by Kelly, second by Benson, the item was referred to staff
recommendation by unanimous vote of the City Council.
X. NEW BUSINESS
He added that
be worked out
for report and
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION FOR A BUSINESS IDENTIFICATION SIGN.
Mr. Phil Drell reviewed the staff report, noting that the proposal was for a revised 75
square foot (3' x 25') sign with white letters on a cardinal red background for Staples,
The Office Superstore, at 72-815 Highway 111. He said the Architectural Review
Commission felt the colors should be changed to either burgundy or rust with ivory
instead of white letters. He recommended that the Council uphold the decision of the
Architectural Review Commission and deny the appeal, with the understanding that the
Commission was open to some compromise but the applicant did not make any
suggestions; therefore, the Commission approved the rust and ivory.
MR. TIMOTHY PITTS, Heath and Company, 3225 Lacy Street, Los Angeles, California
90031, said he represented Staples, The Office Superstore, and said that all 20 of these
stores opened to date had signs with red backgrounds and white lettering, and this was
the standard for the store. He stated that two other businesses in the same center,
Thrifty and Columbia Savings & Loan, had red and white signs. He said that the Laff
Stop also had the same color red sign and also a red canopy. He added that he would
be willing to work with staff for some kind of compromise.
Councilman Crites stated that the Council would need to fit things to the standards it
believes and that this applicant would be treated no differently than any other
organization that has made the same request.
Councilmember Benson agreed and reminded Council that the same type of situation
had been dealt with in the center across the street from this one where the theatre
wanted a red and white sign. She said she felt it was not one of the prettiest signs with
tan and ivory coloring.
Councilman Kelly said he the Thrifty sign looked okay to him and that he did not find
the red background with white lettering on that type of sign offensive. He said the
center used to have a Safeway in it and was a thriving center. Since then it has had
problems, and a good tenant would help everyone. He said he felt the offer to work
with staff to find a compromise was a good offer, and he was in favor of accepting the
offer.
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Mayor Snyder said it was difficult for him to override a decision of the Architectural
Review Commission, and he could see no reason to change the philosophy of the City.
He said he was disturbed that the Commission did offer to consider alternative
suggestions but that no suggestions were offered by the applicant.
Mr. Pitts responded that he was not the agent in charge at that time.
Councilman Crites said perhaps this matter should be referred back to the Architectural
Review Commission since there is a different person representing the firm.
Mr. Erwin suggested taking no action on the appeal and referring the matter to the
Architectural Review Commission for further review.
Upon motion by Kelly, second by Crites, and unanimous vote of the City Council,the item was
referred to the Architectural Review Commission for further review in light of the applicant having
a new representative.
B. CONSIDERATIQN OF AN APPROVAL BY THE ARCHITECTURAL REVIEW
COMMISSION FOR FASCIA MOUNTED EXPOSED NEON SIGN.
Mr. Drell reviewed the staff report and showed photographs of the style of sign being
proposed. He said the Architectural Review Commission had approved the requested
sign subject to the applicant and staff agreeing on an acceptable color of neon. He said
staff's recommendation was to deny the sign as requested and direct the applicant to
propose a sign which conforms more closely with the center sign program.
Councilmember Benson stated that this was one of the centers looked at when the sign
ordinance was being reviewed and said she felt the center looked nice with the sign
program it had.
Councilman Crites said he was comfortable with the fact that there is an established
sign program for this center.
Mayor Snyder asked if the applicant was in the audience to speak to this issue, and no
one spoke.
Councilman Kelly moved to, by Minute Motion, deny the sign as requested and direct the
applicant to propose a sign which conforms more closely with the center sign program.
Councilmember Benson seconded the motion, and it carried by unanimous vote of the City Council.
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C. CONSIDERATION OF A RATE INCREASE FOR WASTE MANAGEMENT OF
THE DESERT.
Mr. Altman stated there was a report in the packets and that Mr. Wohlmuth would
answer any questions.
Councilman Kelly said the proposed increase looked fair to him.
Mayor Snyder complimented Mr. Wohlmuth for supplying the Council with the data
necessary to make a decision.
Councilman Kelly moved to, by Minute Motion, approve a three -percent rate increase
requested by Waste Management of the Desert for July, 1991, to June 30, 1992. Councilman Crites
seconded the motion, and it carried by unanimous vote of the City Council.
D. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega stated he had no report at this time. He said at the next meeting
he would have a recommendation for transferring the franchise.
Upon question by Councilman Kelly regarding whether the City should be writing
letters, Mr. Ortega responded that the bills were still in the drafting stages but
that letters would be sent once there is a definite bill.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz reported that a second notice of preparation was sent out after
complaints had been received from members of Monterey Country Club that the
first notice did not truly identify the area where the baseball fields would be
located. He said the process was still continuing and that a noise consultant had
already been engaged as a result of studies being done for the corporate yard; his
work was being expanded to include mitigation of ball field noise, etc.
He said the Parks & Recreation Commission had instructed staff to advise the
Council that if the number of ballfields was decreased as a result of budgetary
constraints, that matter should be sent back to the Parks & Recreation
Commission to look at priorities to see if some other facilities might not be built
and proceed with the four ballfields. He said the commission also wanted to be
sure that when fields are open and available, telephones be installed for
emergency use and access. He added that the Commission felt a phone should
be placed outside the buildings of the present facilities so people could call for
any emergencies. He said staff was tentatively looking at the March 1992 season
for soccer and possible 1993 season for baseball.
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3. Report on Raising the Speed Limit on Monterey Avenue to 55 MPH.
Mr. Folkers reviewed the staff report, noting that the City of Rancho Mirage had
recently completed traffic and engineering surveys for speed zones on Monterey
Avenue from Country Club Drive to Dinah Shore Drive and recommended that
the existing speed limit of 50 miles per hour be retained rather than changing it
to 65 miles per hour.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL BY BOBBY CUPPLES RELATIVE TO THE
ABATEMENT OF BIRDS ON HIS PROPERTY.
Mr. Altman stated that staffs recommendation was that this item be continued to the
meeting of June 27, 1991.
Councilmember Benson asked that the matter be continued to July 11, 1991, because
neither she nor Councilman Crites would be present at the June 27th meeting.
Upon motion by Kelly, second by Benson, and unanimous vote of the City Council, the item
was continued to the meeting of July 11, 1991.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin asked that Council adjourn to Closed Session at the appropriate time.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Crites asked staff to look into the graffiti on the Palm Valley
Channel and to continue working with the C. V. W.D. to resolve the problem.
2. Councilman Crites referred to a letter to Monterey Country Club requiring a
Hold Harmless Agreement for a wall they propose to install. He felt the wall
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made the project look like a prison and asked that staff take it to the
Architectural Review Commission for review and approval.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Upon motion by Crites, second by Benson, and unanimous vote of the City Council, Mayor
Snyder adjourned the meeting at 5:00 p.m. to Closed Session pursuant to Government Code Sections
54956.9 (a), (b), and (c) noting the following cases would be discussed: Levald vs. The City of Palm
Desert, Palm Springs Recycling vs. Palm Desert, Chazen vs. Palm Desert, and Savemost vs. Palm
Desert.
Mayor Snyder reconvened the meeting at 7:00 p.m. with no action announced from Closed
Session.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF MERITORIOUS AWARD BY THE AMERICAN PLANNING
ASSOCIATION FOR THE CITY'S PUBLIC ART PROGRAM.
Ms. Kay Scherk said the American Planning Association stated had selected the City of
Palm Desert's Art -In -Public -Places Program for its contribution to long-range
comprehensive planning and felt it was one of the foremost programs in the country.
She presented a certificate to Councilman Kelly.
Councilman Kelly stated that the City was proud of this award. He said the award
meant that the City had won at the regional chapter and was now eligible for the State
award and if it won, it would then be eligible for the National award.
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B. SISTER CITY PROGRAM.
Councilman Crites introduced Brian Crawshaw, President of the New Zealand Sister
Cities Program, and his wife, Gwenda.
Mrs. Crawshaw stated Gisborne had just received the shipment of children's artwork
from Palm Desert and would be exhibiting it shortly.
Mr. Crawshaw complimented the City on the new development taking place around the
Civic Center. He thanked the Council for taking care of Stephen McGrath last year as
well as for hosting Miriam Swarbrick's stay this year. As President of the New Zealand
Sister Cities Program, he said he would be going to Chicago next month and would do
everything possible to encourage as many people as possible to attend the upcoming
Sister Cities World Conference in Christchurch, New Zealand.
XVBI. PUBLIC HEARINGS
A. CONSIDERATION OF AN ANNEXATION CHANGE PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 FOR LANDSCAPING AND
LIGHTING ASSESSMENT DISTRICT NO. 89-6, MONTEREY MEADOWS.
Mr. Folkers reviewed the staff report, noting that this included Hovley Lane West
between Portola and Monterey Avenue.
Mayor Snyder declared the public hearing open, and invited testimony in FAVOR of or
OPPOSED to this request.
MR. LARRY SCHONCITE, 40-862 Sonata Court, said that nowhere in the CC&R's was
there any mention of the fact that the homeowners would be responsible for lighting and
landscaping on Hovley Lane nor had they been advised of such by the builder. He said
he had been told that the City would be taking care of the landscaping and lighting, and
he had assumed it would be included in the taxes without any additional amount. He
said he was opposed to the assessment and felt it would be a hardship for him.
Councilman Crites asked if the landscaping and lighting district was one of the issues
included in the conditions of approval.
Mr. Folkers responded that it had been included in conditions of development for all of
the developments along that area.
Councilman Crites stated that before Council moved for final approval of this annexation
change, he wanted to be sure that it was listed as a condition of approval so that the
developer was aware of it; secondly, he wanted to know if there was an obligation of the
developer or seller to inform the buyers of the financial obligations that go with the
purchase of a home in that area.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1991
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City Attorney Erwin responded that it was the obligation of the developer or seller to
so inform the buyers.
MS. LOUISE TAYLOR, 40-925 Sonata Court, stated that she would like to know where
in the documents for her home this condition was included and whether or not it was
recorded. She said it was not part of the CC&R's, and if she had wanted to be in a
community where there were homeowners' fees and control of the perimeters, she would
have chosen a country club.
Councilman Crites suggested leaving the public hearing open and continuing this matter
so that staff and the City Attorney to meet with the residents to answer their questions.
Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, the item
was continued to the meeting of June 27, 1991, to allow staff time to meet with the residents to answer
their questions.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor
Snyder adjourned the meeting at 7:27 p.m.
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, ..CALIFORNIA
44-a?Yae-,/
WALTER H. SNYDER, MAYO
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REGULAR PALM DESER1 _,:TTY COUNCIL MEETING
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NNE 13, 1991
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,ATED:
TO:
CC:
•
EXHIBIT "A"
JUNE 13, 1991 (City Council Meeting)
DALM DESERT CITY COUNCIL
FRANK ALLEN (Code Enforcement Director)
GROVER TRASK (District Attorney, c/o R. Erwood)
RE: NEW INFORMATION TO ASSIST COUNCIL'S DETERMINATIONS AS FOLLOWS:
(1) RE REQUEST FOR JUNE 27, 1991 DETERMINATION ON NOISE ABATEMENT MAT-_P;
(2) RE REQUEST FOR JUNE 27, 1991 DETERMINATION ON CITY'S NOISE 'ORDINANCE,
NOISE TESTING AND REPORTING METHODS, PER INDEPENDENT EXPERT'S
WRITTEN REPORT TO BE PROVIDED TO COUNCIL 8Y PETITIONERS
PRIOR TO JUNE 27, 1991
(1) On Monday, June 10, 1991, at Noon, for the first time in 30 years, Palm Desert
Community Presbyterian Church significantly lowered the volume of its bell -tone
musical broadcasts. This occurred not as result of 20 years of complaints by
residents who live close enough to the church to be disturbed by the noise, but
as result of KESQ-TV's televised newscasts, Friday, June 7 and Saturday morning,
June 8, which broadcast the actual sound level and interviews with some of
the Petitioners and City and Church authorities. Prior to this time, Petitioners
wno followed established procedure for communicating their complaint, were ignored
by the church authorities and ridiculed by City officials whose report alleges
these law abiding residents have defective hearing or perceptions. I cannot
speak for the other Petitioners in saying that I am satisfied by the present level
of noise reduction, since each Petitioner is affected to a different degree
depending on his/her proximity to the disturbance and sensitivity to it. I
can still ask, for whom does the church intend any benefit from sucn outdoor
broadcasts ---for the one or two parishoners close enough to hear it? Or for
the 35 Petitioners and unknown numbers of motorists who do not care to hear it?
And I can ask what guarantee we have of permanent abatement?
(2) On Tuesday, June 12, 1991, ROBERT P. TURKINGTON, an independent consultant and
noise expert (whose credentials and written report will be provided to Council
prior to their June 27, 1991 meeting) provided me with his verbal review of
the City's May 29, 1991 report of its May 23, 1991 investigation of Petitioners'
complaint of noise disturbance, as follows:
1) The City of Palm Desert's report is meaningless;
2) The City of Palm Desert does not know how to take noise readings;
3) The City of Palm Desert does not know how to evaluate noise readings;
4) The City of Palm Desert improperly reports noise assessments and there ore
cannot assess a violation of its Ordinance (which is also being reviewed);
5) Improper or missing elements included:
1--Absence of PURE TONE (chuch bells) and ambient sound (traffic) different
noise measurements and comparisons with quiet times, triangulations,
reflective noise, windscreen readings, distances,total #of cars, etc., etc.,
for a continuous period ---(report compared apples to oranges);
2--Absence of Bi-Modal (or bra -shaped bell curve) analysis(instead of L-Max)
for any LEq (noise level) readings;
3--UNBELIEVABLE ALLOWABLE RANGE: 20 decibel 'allowable range" allows
10,000 TIMES NORMAL (or over violation) NOISE FOR CHURCH BELLS, etc.,
to claim that the church was "not in violation." (Every 3 decibels increase
means noise level is doubled --Similar concept as earthquake measurement)
PETITIONERS are not here today to ridicule but to assist the City's ability to
resolve such matters in the future.
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